Overtime Calculator Virginia

Virginia overtime runs on a 40 hour week: 1.5x after 40 hours, no daily overtime. Enter your rate and hours for a Virginia estimate. The 2026 minimum wage is $12.77 an hour, with $13.75 set for 2027 and $15.00 scheduled for 2028.

Rules verified November 2026 · Sources: U.S. Department of Labor, Virginia Department of Labor and Industry

By Mudassir Khan

Your Virginia week

Virginia Overtime Wage Act math, aligned with federal FLSA. Each workweek stands alone.

$/hr
hrs
Gross pay this week (45.0 hrs)$950.00
Regular pay (first 40 hrs)$800.00
Overtime pay at 1.5x (5.0 hrs)$150.00
your overtime rate$30.00/hr

Unpaid wage complaints go to the Virginia Department of Labor and Industry. Estimates only. Not tax, legal, or payroll advice. Confirm with your employer or a qualified professional.

How overtime works in Virginia

1 · The Virginia Overtime Wage Act

Virginia requires 1.5 times the regular rate for hours over 40 in a workweek. The 2021 act briefly used its own regular rate math, but 2022 amendments rolled it back so calculations now follow the federal FLSA.

2 · A rising minimum wage

Virginia adjusts its minimum wage yearly. The 2026 rate is $12.77 an hour, rising to $13.75 on January 1, 2027 and $15.00 on January 1, 2028, then indexing to inflation. The tipped cash wage is $2.13.

3 · File with DOLI within 3 years

Wage claims go to the Virginia Department of Labor and Industry, which investigates and can order payment. File within 3 years of when the wages were earned.

The Virginia formula
Gross = (40 × rate) + (hours over 40 × rate × 1.5)

Rules at a glance, 2026

RuleVirginia
Overtime ruleVirginia Overtime Wage Act: 1.5 times pay after 40 hours in a workweek; no daily overtime
Minimum wage 2026$12.77 an hour; tipped cash wage $2.13; $13.75 on Jan 1, 2027 and $15.00 on Jan 1, 2028
State income taxGraduated, 2% to 5.75%
Claim agencyVirginia Department of Labor and Industry
Claim deadline3 years for a DOLI wage claim; overtime lawsuits 2 years, 3 if the violation was willful

Worked examples

WorkerMathGross
$20/hr, 45 hours$800 + 5 × $30$950.00
$12.77/hr, 40 hours40 × $12.77$510.80
$24/hr, 55 hours$960 + 15 × $36$1,500.00
$15/hr, 38 hours including one 12 hour day38 × $15, no overtime$570.00

Example 4 is the Virginia point to remember: a 12 hour day earns nothing extra on its own. Only the weekly 40 hour line triggers the 1.5x premium, unlike daily overtime states such as Alaska.

Virginia specifics worth knowing

The 2022 rollback simplified the math. The original 2021 Virginia Overtime Wage Act used a different regular rate calculation that confused payroll teams. The 2022 amendments aligned Virginia with the FLSA, so standard federal overtime math now works here. VOWA still adds remedies like liquidated damages and a private right of action in state court.

2026 brought new wage laws. Virginia expanded wage protections effective July 1, 2026, including broader employer definitions, pay transparency in job postings, and stronger enforcement. Minimum wage and overtime claims now sit inside a tougher enforcement regime.

Budget for the scheduled steps. At $12.77 in 2026, $13.75 in 2027 and $15.00 in 2028, the floor rises about 17% in two years. Overtime math for minimum wage workers should be rebuilt each January.

The federal baseline is explained in the FLSA overtime rules guide. For the neighboring state to the south, see the North Carolina overtime calculator.

Common mistakes

Mistake 1: Using the old 2021 VOWA math. The 2021 act used its own regular rate formula. The 2022 rollback aligned Virginia with the FLSA, so calculators using the old method now overstate or understate pay.
Mistake 2: Expecting daily overtime. Virginia has no daily overtime rule. A long shift only earns premium pay when the weekly total passes 40 hours.
Mistake 3: Missing the scheduled increases. Payroll set at $12.77 stays correct only through 2026. On January 1, 2027 the floor becomes $13.75, and $15.00 in 2028.
Mistake 4: Waiting too long to sue over overtime. A DOLI wage claim allows 3 years, but a private overtime lawsuit under the rolled back VOWA must be filed within 2 years, or 3 if the violation was willful.

Frequently asked questions

Does Virginia have its own overtime law?

Yes, the Virginia Overtime Wage Act. It requires 1.5 times the regular rate for hours over 40 in a workweek, and its calculations now follow the federal FLSA after the 2022 rollback.

What is the minimum wage in Virginia in 2026?

$12.77 an hour, effective January 1, 2026. It rises to $13.75 on January 1, 2027 and $15.00 on January 1, 2028.

Is there daily overtime in Virginia?

No. Virginia has no daily overtime rule. Only the weekly 40 hour line triggers overtime pay.

Where do I file an unpaid overtime claim in Virginia?

With the Virginia Department of Labor and Industry, within 3 years of when the wages were earned. You can also bring a private lawsuit in state court.

Does Virginia tax overtime pay?

Yes. Virginia has a graduated income tax from 2% to 5.75%, and overtime wages are taxed like regular wages.

Can a salaried Virginia employee earn overtime?

Yes, if nonexempt. A salary alone does not remove overtime rights. Only employees who pass the exempt duties and salary tests can be denied overtime pay.

Want the same math without the Virginia framing? Use the overtime pay calculator. For the neighboring state to the south, try the North Carolina overtime calculator.